Marvel
Heirs to the creators of Spider-Man want rights back
Tom Holland in “Spider-Man: Homecoming”.
© imago images / Everett Collection
The heirs of the creators of Spider-Man and Co. want the rights to the characters back from Marvel. The group is now going on the offensive.
Will Marvel Comics lose sole rights to Spider-Man, Iron Man, and other superheroes? The descendants of the co-inventors of many comic book characters announced in the summer that they would reclaim their rights from Marvel. As the Industry insider of the “Hollywood Reporter” reportsn, the comic giant and its parent company Disney went on the offensive. You have again filed a lawsuit against the heirs of the subscribers. Marvel Studios, which is responsible for the Cinematic Universe around the “Avengers” and other superheroes, could also be affected by the lawsuit.
In American copyright law, the authors of works whose rights they have assigned can reclaim them after a certain period of time. Apparently this is the plan of the heirs of Steve Ditko (1927-2018). The comic artist is co-inventor of Dr. Strange and from Spider-Man, who first appeared in a Marvel comic book in 1962. The publisher’s rights to the iconic spider man will expire in 2023.
“Marvel Method”: Who Owns the Rights?
Marvel and Disney want to assert in court that Ditko and other cartoonists such as Stan Lee (1922-2018) or Gene Colan (1926-2011) never owned the rights to the characters they created. They refer to the so-called “Marvel Method”.
In the editorial office it was therefore common practice that the characters were developed together. The rights to Spider-Man and Co. therefore belonged to the publisher and not to the individual draftsmen and copywriters. One cannot determine who invented which character. That is why the employees were not paid according to figures, but according to notebooks.
Marc Toberoff, who represents the draftsman’s estate administrators in court, now wants to attack the “Marvel Method”. It is based on an outdated temporary agency work law of 1909 and must be revised. The lawyer specializing in copyright disputes has already represented the heirs of the “Superman” creators against Marvel competitor DC Comics in a similar proceeding. At that time he lost to the publisher, which was represented by Daniel M. Petrocelli (68). Petrocelli now competes for Marvel.
What does the dispute mean for the Marvel Cinematic Universe?
The upcoming negotiation, which could be prevented by an out-of-court settlement, is primarily about the comics. But the films about the “Avengers” and other Marvel heroes could be affected. Disney would not lose all rights as the parent company of Marvel Studios, but would have to share the income from the films and series with the estate administrators of the cartoonists.
Incidentally, Marvel shares the film rights to Spider-Man in a complex deal with Sony Pictures; he is only “loaned” for the films in the Marvel Cinematic Universe. If Ditko’s heirs could also have a say in the decision-making process, the situation would become even more complicated.